How much time to wait before coming back to home country?

dartanian

Registered Users (C)
I have found this forum to be very helpful, so maybe anyone can help me. After waiting for 3 and half years, I was granted my PA on november 2003. It seems to me, that in order to be able to go back to your home country can take up to 15 years. If I get my GC trough a different path, like labor certification or marriage, would I still get in any trouble going back to my own country?
 
dartanian said:
I have found this forum to be very helpful, so maybe anyone can help me. After waiting for 3 and half years, I was granted my PA on november 2003. It seems to me, that in order to be able to go back to your home country can take up to 15 years. If I get my GC trough a different path, like labor certification or marriage, would I still get in any trouble going back to my own country?

This is a real story.

A young woman from Africa tried to enter the US with a false passport. She then applied for asylum on some sort of gender-related ground. She secured public expressions of support from such people like Hillary Clinton (who was still the First Lady) and Julia Roberts. The CIS yielded to the pressure and granted her asylum.

But a few years later the CIS became suspicious of her story and sent veteran criminal investigators to her hometown. They gathered indisputable evidence that her whole story was fabricated in its entirety.

The person was indicted for perjury and for using the false passport to come into the country in the first place. She was arrested by the FBI. A jury in New York then convicted her all charges and she was sentenced to prison. It goes without saying that after serving her sentence, she will be deported and will not be permitted to come back for any reason for the remainder of her life.
 
You might think making up a story on your asylum form is just a means of staying in the United States. But it is a federal crime and the Federal Government takes it very seriously.
 
I don't understand you people!

This is a forum to try to help each other, not to behave like, no I don't believe your case is real so I aint helping. Sorry to disapointed you usa2002 on your attemp to inflict fear, but my case is real, so I am not concern on the FBI sending special agents to my home country to investigate what ever they want. When you first apply for PA, is because you have a fear of being killed in your own country, but things change a lot, and all of the times faster than the inefficient CIS can notice. I never expected to be away from my home country for more time than the necessary for the danger to past. My intentions never were to get PA to become an inmmigrant of the USA, as most people do. My intention is to get protection from USA only while my life is in danger, but with the intention of eventually being able to go back permanently (to my previous life) afterwards, without being fingerpointed because I was once persecuted and punished with the consecuences that represent not being able to go back to a regular non-immigrant to come back as a visitor to USA. Being persecuted is not a crime, and the PA laws should not be oriented to treat you as a liar, as you are implying here. You didn't answer my questions so leave the infliction of fear to Bush.
 
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ok, give us a link to the story. fairytales lika "a young woman from Africa" means nothing to me... I mean, maybe this guy faked his PA maybe he's not. government might try to kill you in your native country but you still may have your family or love there you'd like to see and are not imaginative enough to meet them in some neighboring country :)

I never been in my native country after I came here, and I can not care less about it, but, hey!, let us cut some slack to the guy.

and, again, those "stories" about "a young women" and "CSI sending criminal investigators to her own country" has same value like gentleman's story = none, unless is supported by some evidence.

kiev said:
This is a real story.

A young woman from Africa tried to enter the US with a false passport. She then applied for asylum on some sort of gender-related ground. She secured public expressions of support from such people like Hillary Clinton (who was still the First Lady) and Julia Roberts. The CIS yielded to the pressure and granted her asylum.

But a few years later the CIS became suspicious of her story and sent veteran criminal investigators to her hometown. They gathered indisputable evidence that her whole story was fabricated in its entirety.

The person was indicted for perjury and for using the false passport to come into the country in the first place. She was arrested by the FBI. A jury in New York then convicted her all charges and she was sentenced to prison. It goes without saying that after serving her sentence, she will be deported and will not be permitted to come back for any reason for the remainder of her life.
 
baianolindo said:
ok, give us a link to the story. fairytales lika "a young woman from Africa" means nothing to me... I mean, maybe this guy faked his PA maybe he's not. government might try to kill you in your native country but you still may have your family or love there you'd like to see and are not imaginative enough to meet them in some neighboring country :)

I never been in my native country after I came here, and I can not care less about it, but, hey!, let us cut some slack to the guy.

and, again, those "stories" about "a young women" and "CSI sending criminal investigators to her own country" has same value like gentleman's story = none, unless is supported by some evidence.

http://www.signonsandiego.com/news/nation/20030116-0653-asylummystery.html
 
So you agree

On that once you ask for PA, you will be fingerpointed and not beign able to go back to a non-immigrant status.
So here goes my question again if I get my GC through labor certification, which is a lot faster 2-3 years as opposed to 10-12 years, would I have problems going back? thank you.
 
dartanian said:
On that once you ask for PA, you will be fingerpointed and not beign able to go back to a non-immigrant status.
So here goes my question again if I get my GC through labor certification, which is a lot faster 2-3 years as opposed to 10-12 years, would I have problems going back? thank you.

I have a question for you. If if you go back, do you expect problems from your alleged persecutors?
 
Hypersensitive

Some immigrants are getting so hypersensitive about immigration,I personally do not see any broken law If a GC holder based on asylum visits his home country.I have searched and searched,talked to immgration lawyers and bcis liason officers pertaining the same issue the only answer I get is once you change status from asylum to PR you are not an asylee anymore,therefore the laws that are used for asylees like returning to home country are not applicable.However the only concern Is all about whether it`s safe for a GC based on asylum to go to home country.
The gentle man from the Former Yugoslavian republic Is very correct because the political situation in his country has change.Now that I`m a GC holder I would not hesitate for one second to go to my HM country if the situation deems to be condusive.
 
Gilbert

Thank you for your response Gilbert. It is been 3 and a half years. A new president took charge and things have improved a lot, altough there is still a threat in some parts of the country, from where my thread came is now cleared. I would wait for a more time before even think about going back, but 16 years is just too much.
 
"[O]nce you change status from asylum to PR you are not an asylee anymore." is not an accurate statement.

From the February 21 2004 Arlington Asylum Office/American Immigration Lawyers Association (AILA) Liaison Meetings:

Policy Questions:

1. Subject: Revocation of asylum:

Question: What is the procedure for revoking someone's asylum grant? What is the time period between the re-interview and the decision? Is the person called in to receive the decision or is it mailed to them? If a decision to withdraw asylum is made, how does the immigrant contest this decision? Is there a notice of intent to revoke? Is there a motion to reconsider? Is the case referred to the immigration court? In how many such cases did ZAR revoke in 2003?

Debi Sanders

RESPONSE:
Please see the attached for Section X of the Affirmative Asylum Procedures Manual which describes in detail the procedures for Termination of an Asylum Approval.

Termination proceedings can only be initiated after an Asylum Approval has been issued, and may be initiated even if the individual has adjusted his/her status to that of a lawful permanent resident (LPR). The asylum office does not have jurisdiction to terminate asylum granted by EOIR. Grounds for termination of an asylum grant are listed in 8 CFR 208.24.

The asylee is issued a Notice of Intent to Terminate (NOIT) listing the ground(s) for the intended termination and containing a summary of the evidence supporting the ground(s). To begin termination proceedings through the issuance of a Notice of Intent to Terminate (NOIT), the asylum office must have information that, on its face, indicates that asylum termination may be appropriate, but need not have the higher level of evidence required to terminate asylee status.


For termination proceedings which are conducted by the asylum office, the termination interview is set for at least 30 days after the date of mailing of the NOIT. The applicant may waive this 30-day period and request an earlier interview, or may waive the interview entirely and admit the allegations in the NOIT, in writing. A written waiver form is included as an attachment to the NOIT for this purpose.

The Service has the burden of establishing that a preponderance of the evidence supports termination. The nature of the termination interview is nonadversarial and need only explore issues relevant to termination of asylum. Following the termination interview, for those cases in which the AO makes a recommendation to terminate the individual's asylum status based upon evidence presented, the applicant receives a "Notice of Termination of Asylum Status". Regardless of whether the applicant is a Lawful Permanent Resident (LPR) or an asylee, after asylum status is terminated, the asylum office must place the individual before the Immigration Court [for permanent deportation from the United States].

The way in which the decision is served (Mail or Personal) is at the discretion of the Asylum Office Director.

An asylum office Director need only consider a motion to reopen or reconsider for a case that has received a Final Denial from an asylum office. Because referred cases have not received a final denial, they are not entitled to reconsideration.

NOTE: Termination of asylum status applies to the principal as well as all individuals who obtained derivative asylum status from the principal, whether granted as dependents on the I-589 or through an I-730 Refugee/Asylee Relative Petition.

Notes from meeting: If the Asylum Office terminates asylum for the principal, regardless of the grounds for termination, asylum for all the derivatives is terminated as well. However, It is possible that the Asylum Office might terminate one or more derivatives based on their own firm resettlement and the principal would not be affected because the principal established he/she was not firmly resettled.








Sessanga Charlesa said:
Some immigrants are getting so hypersensitive about immigration,I personally do not see any broken law If a GC holder based on asylum visits his home country.I have searched and searched,talked to immgration lawyers and bcis liason officers pertaining the same issue the only answer I get is once you change status from asylum to PR you are not an asylee anymore,therefore the laws that are used for asylees like returning to home country are not applicable.However the only concern Is all about whether it`s safe for a GC based on asylum to go to home country.
The gentle man from the Former Yugoslavian republic Is very correct because the political situation in his country has change.Now that I`m a GC holder I would not hesitate for one second to go to my HM country if the situation deems to be condusive.
 
I am frankly amazed that this statement comes from you. According to your posts, you just battled the USCIS for one full year over annoying "RFEs" related to your adjustment.

One observation gained from working 8 years in this field is that people who whine the most about their interactions with the DHS are often the very people who do reckless things to invite further attention from the DHS. If you are a target of a immigration fraud probe, I can assure you that all your prior interactions with the DHS are comparatively a walk in the park.

The simply reality that many people do not accept is that a green card does not confer an irrevocable right to stay in the United States. In reality permanent residents can be (and have been) permanently expelled from the United States for a host of reasons. The DHS has broad adminstrative power to reopen a permanent resident's immigration case. INA 237(a)(1)(A) states that "[a]ny alien [that is you, the green card holder, who is still an alien] who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable." One of the legal requirements for American citizenship is having attained LPR status " in accordance with all applicable provisions" of the INA. Naturalization officers take this seriously.

There are countless people who happily begin the citizenship process and only end up with deportation orders. The February editon of the Bender's Immigration Bulletin features someone who immigrated in 1992 on the basis of marriage. He divorced the next year and later married another American. He now has a happy nuclear family with American-born kids. When he applied for citizenship, the DHS examined his first marriage and concluded that it was fraudulent. Although 12 years have passed and the person has compiled a lengthy record of success since then, the DHS is revoking his permanent residence.



Sessanga Charlesa said:
Some immigrants are getting so hypersensitive about immigration,I personally do not see any broken law If a GC holder based on asylum visits his home country.I have searched and searched,talked to immgration lawyers and bcis liason officers pertaining the same issue the only answer I get is once you change status from asylum to PR you are not an asylee anymore,therefore the laws that are used for asylees like returning to home country are not applicable.However the only concern Is all about whether it`s safe for a GC based on asylum to go to home country.
The gentle man from the Former Yugoslavian republic Is very correct because the political situation in his country has change.Now that I`m a GC holder I would not hesitate for one second to go to my HM country if the situation deems to be condusive.
 
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Gilbert! Are you aware of any case where Naturalized citizen was interogated (who followed citizenship path through asylum) by DHS (or former INS) or punished in any way for visiting home country AFTER becoming a US citizen?
 
kiev said:
You might think making up a story on your asylum form is just a means of staying in the United States. But it is a federal crime and the Federal Government takes it very seriously.

OK, here is my 2 cents: People who apply for political asylum are automatically stereotyped as citizens of countries that export terrorism. Accordingly, they are exposed to more scrutiny and their statuses are easily revoked. Before 9/11 the issue of going home while asylum was pending was a common practice but now things have changed. Another thing worth mention: if you are an asylee, you need to start mourning the loss of your home country. Your loss is doubled because you can not visit your home country and you can not have the emotional refueling that every immigrant needs. When we lose something, we negotiate with it and we try to think of ways to appropriate it. So please here is a request from those who are ready to jump on the poor guy and accuse him of fraud: Have some empathy. You may not be dealing with your own loss and you may be denying it but please do not savage a guy or a girl who is struggling with it.
 
jw1951 said:
Read the story carefully. First it was a high profile case after the involvment of Clinton and Roberts so immigration officials wanted fame by pursuing this case. Second, this woman clearly messed up; she stole the identity of another person. Most asylum cases are not that clear cut as she put it. They are very circumstantial and depend on context.
 
shamshon said:
Read the story carefully. First it was a high profile case after the involvment of Clinton and Roberts so immigration officials wanted fame by pursuing this case. Second, this woman clearly messed up; she stole the identity of another person. Most asylum cases are not that clear cut as she put it. They are very circumstantial and depend on context.

Because most fraudulent "cases are that clear cut," they generally do not launch prosecutions and seek prison terms. Rather they seek to revoke your status and deport you from the United States.
 
Sec. 208.24 Termination of asylum or withholding of removal or deportation. (Redesignated as § 208.24, previously § 208.23, effective 1/5/01; 65 FR 76121) (Redesignated as § 208.23 effective 3/22/99; 64 FR 8478)



(a) Termination of asylum by the Service . Except as provided in paragraph (e) of this section, an asylum officer may terminate a grant of asylum made under the jurisdiction of an asylum officer or a district director if following an interview, the asylum officer determines that:



(1) There is a showing of fraud in the alien's application such that he or she was not eligible for asylum at the time it was granted;



(2) As to applications filed on or after April 1, 1997, one or more of the conditions described in section 208(c)(2) of the Act exist; or



(3) As to applications filed before April 1, 1997, the alien no longer has a well-founded fear of persecution upon return due to a change of country conditions in the alien's country of nationality or habitual residence or the alien has committed any act that would have been grounds for denial of asylum under § 208.13(c)(2).



(b) Termination of withholding of deportation or removal by the Service . Except as provided in paragraph (e) of this section, an asylum officer may terminate a grant of withholding of deportation or removal made under the jurisdiction of an asylum officer or a district director if the asylum officer determines, following an interview, that:



(1) The alien is no longer entitled to withholding of deportation or removal because, owing to a fundamental change in circumstances relating to the original claim, the alien's life or freedom no longer would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the country from which deportation or removal was withheld. (Revised effective 1/5/01; 65 FR 76121)



(2) There is a showing of fraud in the alien's application such that the alien was not eligible for withholding of removal at the time it was granted;



(3) The alien has committed any other act that would have been grounds for denial of withholding of removal under section 241(b)(3)(B) of the Act had it occurred prior to the grant of withholding of removal; or



(4) For applications filed in proceedings commenced before April 1, 1997, the alien has committed any act that would have been grounds for denial of withholding of deportation under section 243(h)(2) of the Act.



(c) Procedure. Prior to the termination of a grant of asylum or withholding of deportation or removal, the alien shall be given notice of intent to terminate, with the reasons therefor, at least 30 days prior to the interview specified in paragraph (a) of this section before an asylum officer. The alien shall be provided the opportunity to present evidence showing that he or she is still eligible for asylum or withholding of deportation or removal. If the asylum officer determines that the alien is no longer eligible for asylum or withholding of deportation or removal, the alien shall be given written notice that asylum status or withholding of deportation or removal and any employment authorization issued pursuant thereto, are terminated.



(d) Termination of derivative status. The termination of asylum status for a person who was the principal applicant shall result in termination of the asylum status of a spouse or child whose status was based on the asylum application of the principal. Such termination shall not preclude the spouse or child of such alien from separately asserting an asylum or withholding of deportation or removal claim.



(e) Removal proceedings. When an alien's asylum status or withholding of removal or deportation is terminated under this section, the Service shall initiate removal proceedings, as appropriate, if the alien is not already in exclusion, deportation, or removal proceedings. Removal proceedings may take place in conjunction with a termination hearing scheduled under § 208.24(f). (Added effective 1/5/01; 65 FR 76121)



(f) Termination of asylum, or withholding of deportation or removal, by an immigration judge or the Board of Immigration Appeals. An immigration judge or the Board of Immigration Appeals may reopen a case pursuant to § 3.2 or § 3.23 of this chapter for the purpose of terminating a grant of asylum, or a withholding of deportation or removal. In such a reopened proceeding, the Service must establish, by a preponderance of evidence, one or more of the grounds set forth in paragraphs (a) or (b) of this section. In addition, an immigration judge may terminate a grant of asylum, or a withholding of deportation or removal, made under the jurisdiction of the Service at any time after the alien has been provided a notice of intent to terminate by the Service. Any termination under this paragraph may occur in conjunction with an exclusion, deportation, or removal proceeding. (Redesignated as paragraph (f) and revised; previously paragraph (e); effective 1/5/01; 65 FR 76121)



(g) Termination of asylum for arriving aliens. If the Service determines that an applicant for admission who had previously been granted asylum in the United States falls within conditions set forth in § 208.24 and is inadmissible, the Service shall issue a notice of intent to terminate asylum and initiate removal proceedings under section 240 of the Act. The alien shall present his or her response to the intent to terminate during proceedings before the immigration judge. (Redesignated as paragraph (g) and revised; previously paragraph (f); effective 1/5/01; 65 FR 76121)
 
Gilbert

With due respect Gilbert I still do not see any reason why a GC holder based on asylum can be deported if the situation in HM country has changed.It`s true If you misrepresent any document with intent to obtain any immigration status is fraud and can lead to revoke your status even after becoming a US citizen.Lets talk reality here, a vast number of immigrants who obtained PR or even citizenship through asylum have gone back to their HM countries are you saying that those people misrepresented their petitions? I`m comfortable to say that I would not hesitate for one second to visit my home country if the political situation changes who wouldn`t. The only grounds I read in sec 8 cfr 208.24 are applicable to asylees not GC holders based on asylum (3) As to applications filed before April 1, 1997, the alien no longer has a well-founded fear of persecution upon return due to a change of country conditions in the alien's country of nationality or habitual residence or the alien has committed any act that would have been grounds for denial of asylum under § 208.13(c (2) There is a showing of fraud in the alien's application such that the alien was not eligible for withholding of removal at the time it was granted; I have never been scared of BCIS I said that even before I went through a year long RFE battle with them.
 
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